109 Iowa 239 | Iowa | 1899
I. November 19, 1898, appellees filed their motion to dismiss and affirm, on the ground that appellant’s abstract was not filed within the time required by section 4120 of the Code and rule 28 of the rules of practice. This appeal was taken under the Code of 1873, having been perfected July 22, 1896, which was in time for the October term, 1896, and yet no abstract was filed until April 1,
II. On the 6th day of July, 1892, Joseph Hacker and • James McDermott entered into a written contract of co-part--nersbip for the purpose of carrying on the hide, tallow., wool, .-and fur business at Waterloo, each to contribute five hundred •dollars to the capital', and share equally in profits and losses. James McDermott, as administrator of the estate of a deceased brother, received from a railroad company the áum of four thousand dollars damages for causing the death of said •deceased. This amount, less the expenses of recovering it, the plaintiff, as surviving parent of deceased, was entitled •to, which 'sum was at least two thousand dollars. Prior to December 24, 1892, Mr. McDermott had not contributed any money to the capital of the firm, and Hacker had put in about two thousand dollars. On that day Mr. McDermott took the 'bank book of the firm to the bank where the firm had its ¡accounts, deposited two thousand dollars of the money received from the" railroad company to the credit of the firm, and had
III. With this statement of the issues in mind, we now proceed to consider the errors assigned and argued, based upon rulings admitting certain evidence. Appellees were
IV. The, court instructed to the effect that if, at the stone plaintiff consented that James McDermott might take two thousand dollars of said money in his hands as adminis'trator, and put it into the business of said firm, plaintiff 'knew, or had reason to know, that James McDermott was /about to use such money for the purpose of contributing his share to' the capital stock of said eo-partnership> then neither •the firm nor Joseph TIacker is liable. Appellant does not ‘Complain of this statement of the law, but insists that there was no evidence that appellant so knew or had reason to .know. There is much in the testimony of tire appellant her•self tending to show that she had reason to and did not so .know. The complaint is not well founded. We do not find that there was error in either of the respects complained of, .and the judgment is therefore afitiRmed.